MAHARASHTRA ACT No. XX OF 1978

J-1068

GOVERNMENT OF MAHARASHTRALAW AND JUDICIAR Y DEPARTMENT

MAHARASHTRA ACTNo. XX OF 1978.

THE MAHARASHTRA EMPLOYMENTGUARANTEE ACT, 1977.

(As modifiedupto the 17th June2013)

PRINTED IN INDIA BY THE MANAGER, CENTRAL JAIL PRESS, NAGPUR AND

PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND

PUBLICATIONS, MAHARASHTRA STATE, MUMBAI -400004.

2013

[Price—Rs. 9.00]

THE MAHARASHTRA EMPLOYMENT GUARANTEE ACT, 1977.

CONTENTS

PREAMBLE.

SECTIONS.

1. Short title, extent and commencement.

2. Definitions.

3. Guarantee of employment to adult persons in rural areas.

4. State Employment Guarantee Council.

5. District and Panchayat Samiti Level Committees and their functions.

6. Collector responsible for implementation of Scheme in each District.

6A. Commissioner’s powers to supervise and review, implementation of Scheme ineach Division.

7. Preparation and publication of Scheme.

7A. Provision for permission to be absent and ex-gratia payment in cases of maternity andsterilization operations and of accidents to accompanying children, etc.

8. Conditions applicable for guaranteed employment to adult persons in rural areas.

9. Penalty for drawing unemployment allowance when employed elsewhere.

10. Samiti Officers and their functions.

11. Provision for employment on other works.

12. Establishment of Employment Guarantee Fund and its utilisation for the Scheme.

13. Amendment of certain enactments and rule of construction for references toScheme and Fund in other laws.

14. Delegation of powers.

14A. Penalties.

15. Protection of action taken in good faith.

16. Act to have overriding effect.

16A. Power to amend Schedules II and III.

16B. Application of the provisions of the Act in areas specified in Schedule II withmodifications.

17. Power to make rules.

SCHEDULE I.

SCHEDULE II.

SCHEDULE III.

J-1068–1

MAHARASHTRA ACT No. XX OF 1978.1

[THE MAHARASHTRA EMPLOYMENT GUARANTEE ACT, 1977]

[This Act received the assent of the President on the 1st October 1978, the assentwas first published in the Maharashtra Government Gazette, on the 3rd October 1978].

Amended by Mah. 24 of 1980 (24-11-1980) * @

Amended by Mah. 51 of 1981.

Amended by Mah. 47 of 1983 (03-03-1983) *

Amended by Mah. 13 of 1989 (20-09-1984) *

Amended by Mah. 27 of 1991 (30-12-1991) *

Amended by Mah. 26 of 1993 (01-03-1992) *

Amended by Mah. 6 of 1995 (07-10-1983) *+

Amended by Mah. 51 of 2006 (31-10-2006) *++

Amended by Mah. 5 of 2008 (22-02-2008) *+++

An Act to make effective provision for securing the right to work by guaranteeingemployment to all adult persons who volunteer to do unskilled manual work in ruralareas in the State of Maharashtra.

WHEREAS it is expedient to make effective provision for securing the right to work laiddown in article 41 of the Constitution of India by guaranteeing employment to all adultpersons who volunteer to do unskilled manual work in rural areas in the State of Maharashtra;

AND WHEREAS it is necesary to engage such adult persons on works which wouldbring into being durable assets for the benefit of the community and the economy ;

AND WHEREAS it is further necessary to provide for continuing employment ofsurplus rural manpower in cottage, village and small industries and in agro-industries ;

AND WHEREAS it is also necessary to make certain supplemental, incidental andconsequential provisions; it is hereby enacted in the Twenty-eighth Year of the Republicof India as follows :--

1. (1) This Act may be called the Maharashtra Employment Guarantee Act, 1977.

(2) It extends to the whole of rural areas of the State of Maharashtra.

1For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1977, Part V,Extra., p. 179.

*This indicates the date of commencement of Act.

@ Maharashtra Ordinance No. XV of 1980 was repealed by Mah. 24 of 1980, s. 5.

+Section 3 of Mah. 6 of 1995 reads as under :--

“3. Notwithstanding anything contained in sub-section (2) of section 7 of the principal Act,every contract for gorge filling and waste-weir component of work of percolation and minorirrigation tanks on behalf of the State Government under the Scheme, on the basis of ScheduleContracts System executed during the period commencing on the 7th October 1993 and endingon the date of publication of this Act in the Official Gazette, shall be deemed to be, and shall bedeemed always to have been, validly executed in accordance with law, as if the provisions ofsection 7 of the principal Act, as amended by this Act, were in force at all material times whensuch contract was executed”.

++Maharashtra Ordinance No. 13 of 2006 was repealed by Mah. 51 of 2006, s.12.

+++Maharashtra Ordinance No. 2 of 2008 was repealed by Mah. 5 of 2008, s.16.

1

Short title,extent andcommence-ment.

Validation ofexecution ofcontracts onScheduleContractsSystem.

2 Maharashtra Employment Guarantee Act, 1977

(3) It shall come into force in all the areas to which it extends on such 1date as theState Government may, by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,—

(a) “adult person” means a person who has attained the age of eighteen years;2[(a-1) “Central Act” means a National Rural Employment Guarantee Act 2005;

(a-2) “Central Council” means the Central Employment Guarantee Councilconstituted under sub-section (1) of section 10 of the Central Act;]

(b) “the Committee” means the District Level Committee, or, as the case may be,the Panchayat Samiti Level Committee, constituted under section 5;

3* * * * * * * * *

(d) “implementing agency” includes any Department of the State Covernment,the Zilla Parishad, any other local authority or State Government Undertaking whichis entrusted by the State Government with the task of implementing any works takenup under the Scheme ;

(e) “implementing officer” means the highest officer of the implementing agencyin the District or any officer subordinate to him to whom any of the powers or dutiesof the agency have been entrusted;

4 [(e-1) “minimum wage” means the minimum wage fixed for agricultural labourersfor the relevant Zone by the State Government under section 3 of the MinimumWages Act, 1948;]

(f) “Panchayat Samiti area” includes any ‘C’ class municipal area ;

(g) “Panchayat Samiti Level Officer” or “ Samiti Officer” means the person notbelow the rank of Tahsildar or Block Development Officer, appointed under section 10by the State Government for the implementation of the Scheme in the area of PanchayatSamiti concerned ;

(h) “productive works” means any works which, in the opinion of the StateGovernment, will directly or indirectly contribute to the increase of production, or theabsence of which will inhibit the increase of production ;

(i) “prescribed” means prescribed by rules made under this Act ;

(j) “rural areas” means all the areas of the State of Maharashtra, except those forwhich a Municipal Corporation or Cantonment Board was established or constitutedunder any law for the time being in force, or those which were classified as ‘A’ or ‘B’class municipal areas under the Maharashtra Municipalities Act, 1965, on the date ofpassing of this Act ; and any area, which after the passing of this Act comes to beincluded within the limits of a Municipal Corporation or Cantonment Board or an ‘A’or ‘B’ class Municipal Council shall cease to be a rural area, from the date of suchinclusion;126th January 1979, vide G. N., P. D., No. EGS. 1077/87/EMP-5, dated 25th January 1979.2Clauses (a-1) and (a-2) were inserted by Mah. 51 of 2006, s. 2(a).3Clause (c) was deleted by Mah. 27 of 2006, s. 2.4Clause (e-1) was inserted by Mah. 51 of 2006, s. 2(b).

*Now see the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships

Act, 1965.

Definitions.

Mah.XL of1965.

42 of2005.

11 of1948.

Maharashtra Employment Guarantee Act, 1977 3

(k) “Scheme” means the Employment Guarantee Scheme prepared and publishedunder section 7 and for the time being in force ;

1[(l) “State Council” means the Maharashtra State Employment Guarantee Councilconstituted under section 4;

(m) “unskilled manual work” means any physical work which any adult person iscapable of doing without any skill or special training ;

(n) “wage rate” means the wage rate referred to in section 7.]

3. Every adult person in the rural areas in Maharashtra shall have a right to work, thatis, a right to get guaranteed employment for doing unskilled manual work and to receivewages therefor weekly or in any case not later than a fortnight, in accordance with theprovisions of this Act and the Scheme made thereunder.

2* * * * * * * * *3[4. (1) For the purposes of regular monitoring and reviewing the implementation of

this Act, the State Government shall constitute a State Council to be known as “ theMaharashtra State Employment Guarantee Council” with a Chairperson and such numberof official members as may be determined by it and not more than fifteen non-officialmembers nominated by the State Government from Panchayat Raj institutions,organisations of workers and disadvantaged groups :

Provided that, not less than one-third of the non-official members nominated underthis sub-section shall be women :

Provided further that, not less than one-third of the non-official members shall bebelonging to the Scheduled Castes, the Scheduled Tribes, the Other Backward Classesand Minorities.

(2) The terms and conditions subject to which the Chairperson and members of theState Council may be appointed and the time, place and procedure of the meetings (includ-ing the quorum at such meetings) of the State Council shall be such as may be prescribed.

(3) The duties and functions of the State Council shall include,—

(i) advising the State Government on all matters concerning the Scheme and itsimplementation ; determining and preparing the list of the preferred works ;

(ii) reviewing the monitering and redressal mechanisms, from time to time, andrecommending improvements ; promoting the widest possible dissemination of infor-mation about the Act and the Schemes made thereunder;

(iii) monitoring the implemention of this Act and the Schemes;

(iv) preparing the annual report to be laid before the State Legislature by the StateGovernment ;

(v) any other duty or functions as may be assigned to it by the State Government.

(4) The State Council shall have the power to undertake an evaluation of the Schemesand for that purpose to collect or cause to be collected statistics pertaining to the ruraleconomy and the implementation of the Schemes. ]

1Clauses (l), (m) and (n) were added by Mah. 51 of 2006, s. 2 (c).2Explanation to section 3 was deleted, ibid., s. 3.3Section 4 was inserted, ibid., s. 4.

Guarantee

of employ-

ment to

adult

persons in

rural

areas.

StateEmploy-mentGuaranteeCouncil.

5. (1) The State Government shall constitute a District Employment GuaranteeCommittee in every District and a Panchayat Samiti Employment Guarantee Committee inevery Panchayat Samiti area. On every District Level Committee and Panchayat SamitiLevel Committee, at least two members shall be appointed from persons belonging to theBackward Classes and two members shall be either from persons who have been em-ployed on the works of the Scheme or from any registered union of the agriculturallabourers. The Chairman of every such Committee shall be appointed from the non-officialmembers thereof.

(2) These Commmittees shall, within their respective jurisdictions, supervise andreview the implementation of the Scheme, from time to time, and shall suggest to the StateGovernment 1** such steps as in their opinion are necessary for a more effectiveimplementation of this Act. The Collector and the Samiti Officers concerned shall, fromtime to time, report to the Committees the action taken by them or the State Government onthe suggestions made by the Committees.

(3) Every District Level Committee shall co-ordinate the working of the PanchayatSamiti Committees in the District.

6. The Collector of the District shall be responsible for the implementation of theScheme in the District and for this purpose all other officers of the State Government, theZilla Parishad and other local authorities or bodies functioning in the District andhaving for their jurisdiction an area not bigger than the District shall be responsible to theCollector.

2[6A. (1) The Commissioner of the Division, or any officer or officers not below therank of Assistant Commissioner designated by him in this behalf, shall be competent tosupervise and review the implementation of the Scheme in the Division. The Commis-sioner shall be competent to issue directions to the Collectors, other officers (includingdivisional level officers), local authorities and other bodies regarding implementation ofthe Scheme, and it shall be incumbent on all of them to carry out such directions.

(2) For the purpose of implementation of the Scheme, the Collectors, other officers,local authorities and other bodies in the Division shall be responsible and subordinate tothe Commissioner to such extent and in such manner as the State Government may direct.]

7. (1) For the purpose of giving effect to the employment guarantee mentioned insection 3, the State Government shall prepare a Scheme for providing employment to alladult persons residing in the rural areas, who volunteer to do unskilled manual work,subject to the conditions laid down by or under this Act or in the Scheme.

(2) The Scheme shall have the following essential features :—

(i) Only productive works shall be taken up under the Scheme :3[Provided that, if, in the opinion of the State Government, it is necessary to provide

employment in any area on any works to meet the conditions created by naturalcalamities like heavy rains, floods, earthquakes, droughts, scarcity or cyclones, theState Government may permit such works being taken up under the Scheme for suchtemporary period as the State Government may, from time to time decide.]

1The words “and the council” were deleted by Mah. 27 of 1991, s. 4.2Section 6A was inserted by Mah. 24 of 1980, s. 2.3Proviso was added, ibid., s. 3 (a).

District

and

Panchayat

Samiti

Level

Commit-

tees and

their

functions.


Commis-sioner’s

powers tosupervise

and review,implementi-

ation ofScheme in

eachDivision.

Collectorresponsible

forimplementa-

tion ofScheme in

eachDistrict.

Preparationand

publicationof Scheme.

(ii) The works taken up under the Scheme shall be in the rural areas; it shall,however, be lawful for the State Government to direct that certain categories of worksmay be taken up in areas other than rural areas.

(iii) Every Collector shall be asked to prepare blue prints of the works to be takenup under the Scheme in the District. Such blue prints shall be prepared by him as a partof the District plan, but be based on the Panchayat Samiti area development plansprepared with a view to give employment guarantee to all adult persons for unskilledmanual work and to make use of natural resources actual or potential, which are readilyavailable in the respective Panchayat Samiti areas. The Collector shall place the blueprints for approval before the District Level Committee, which shall give its approvalafter taking into consideration the view of the Panchayat Samiti Level Committees.

(iv) In order to anticipate the demand for manual work a manpower budget for theDistrict shall be prepared, so that it may be possible to plan the works to be taken upunder the Scheme, taking into account the special distribution of unemployment overthe District.

(v) The Scheme may also provide, as far as possible, for the training and upgradationof the skills of the unskilled labour.

(vi) The wages shall be directly linked with the quality and quantity of work.

(vii) The wages shall be paid according to the schedule of rates, which shall befixed by the State Government for different types of works from time to time. Theschedule of rates shall be so fixed that a person working diligently for 7 hours a daywould normally get a total wage equal to the 1[wage rate specified by the CentralGovernment under sub-section (2) of section 6 of the Central Act, and if it is not sospecified, equal to the minimum wage for agricultural labourer for the 2[relevant zone]fixed by the State Government, from time to time.

3[In areas, which are affected by natural calamitites like heavy rains, floods, earth-quakes, droughts, scarcity or cyclones, wages may be paid on such works, at suchdaily rates and for such temporary period, as the State Government may direct.]

(viii) It shall be open for the Samiti Officer to direct any person who volunteers foremployment under the Scheme to do work of any type permissible under the Scheme.

(ix) All works taken up under the Scheme shall be executed departmentally and notthrough any contractor :

Provided that, skilled items of works such as gorge filling where it is absolutelynecessary, and waste-weir component of work of percolation and minor irrigation tanks,4[may be executed on the basis of Schedule Contracts System as prescribed by theState Government] but the wages payable to unskilled labour shall be in accordancewith the tasks prescribed under the Scheme.1These words, brackets and figures were inserted by Mah. 51 of 2006, s. 5 (a).2These words were substituted for the words “lowest zone” by Mah. 13 of 1989, s. 2.3This portion was added by Mah. 24 of 1980, s. 3 (b).4These words were substituted for the words “may be executed on the basis of a piece rate system”

by Mah. 6 of 1995, s. 2.


(x) When works are taken up under the Scheme on private lands, which willdirectly benefit the holders of the lands, then, notwithstanding the fact that under theprovisions of any other law, or any executive orders, for the time being in force suchholders are entitled to a subsidy in respect of such works, 1[a subsidy under theScheme, at such rates as may be prescribed, shall be financed from the EmploymentGuarantee Fund.]

(xi) The works taken up under the Scheme shall be so organised by the Collectorthat the normal agricultural operations in the District are not adversely affected andthat a balance is maintained between the principle of guaranteed work with minimumwage on the one side and the requirements of labour for agricultural operations, as wellas the requirements of labour for the implementation of the regular plan and non-planworks of the State Government on the other side.

(xii) The State Government shall provide in the Scheme for a periodical inspectionof the works taken up under the Scheme to ensure proper quality of the works as wellas to ensure that the total wages paid for the completion of any work are commensu-rate with the quality and quantity of the work done.

(xiii) The State Government shall provide in the Scheme for the appointment of anAudit Squad to conduct a periodical audit of the expenditure incurred under the Scheme.

(xiv) If any personal injury is caused to any person employed under the Schemeby accident arising out of and in the course of his employment, he shall be entitled, freeof charge, to such medical treatment as is admissible under the Scheme, and wherehospitalisation is necessary, the State Government shall arrange for such hospitalisationincluding accommodation, treatment and diet. During the period he is undergoingtreatment in the hospital, he shall be entitled to daily wages at the rate of half of theminimum wages referred to in clause (vii). In case of death of such person, 2[anex-gratia payment at the rate of rupees fifty thousand or such higher amount] 3[as maybe determined by the State Government, by general order issued in this behalf, fromtime to time] shall be made to his legal heirs in the manner laid down in the Scheme. Incase of disablement, such person shall be entitled to such ex-gratia payment as maybe determined in accordance with the Scheme, but the amount of such payment 4[shallnot exceed the amount determined by the State Government as aforesaid for ex-gratiapayment in case of death.]

(xv) Subject to the rules made in this behalf, the State Government shall ordinarilyprovide all kinds of tools and implements and gun powder required for any work andwhere tools and implements are not so provided and are brought by the personconcerned he shall be paid such hire charges as may be prescribed.1This was substituted for the portion beginning with “only that much subsidy” and ending with

“Employment Guarantee Fund” by Mah. 24 of 1980, s. 3 (c).2These words were substituted for the words “an ex-gratia payment of such amount” by Mah. 51 of

2006, s. 5 (b).3These words were substituted for the words “of rupees five thousand” by Mah. 26 of 1993, s. 2(i).4These words were substituted for the words “shall not exceed five thousand”, ibid. s. 2(ii).


(xvi) The State Government shall, as far as possible, undertake comprehensiveland development programmes on water-shed basis. Such works shall, as far aspossible, be provided within a radius of five kilometres from the village of the workersengaged on such works.

(3) The Scheme shall provide for the registration of the names and addresses ofpersons who volunteer to work under the Scheme. Such registration shall be done at theheadquarters of the Gram Sevak or the Talathi, as the State Government may specify,within whose jurisdiction the village where the person resides is situated.

(4) The Scheme so prepared shall be published in the Official Gazette, and a summarythereof shall also be published in such local newspapers, having wide circulation in eachDistrict, as the State Government may determine.

(5) Until the Scheme is prepared and published under this section, the EmploymentGuarantee Scheme of the State Government in operation immediately before the date ofcommencement of this Act shall be deemed to be the Scheme made and published underthis Act.

1[7A. (1) Subject to such conditions as the State Government may by general orspecial order, specify, every woman, who has been employed under the Scheme for periodof not less than one hundred and fifty days, or for such lesser period as may beprescribed, in the twelve months immediately preceding the date of her expected delivery,shall be permitted to be absent from work for a period of thirty days, and during this periodto ex-gratia payment of daily wages payable or paid to her in the month immediatelypreceding the date from which she absents herself on account of such permission.

(2) Subject to such conditions as the State Government may, by general or specialorder, specify, every person, who has been employed under the Scheme and undergoessterilization operation or any other operation or treatment for birth control and familyplanning, as may be approved in this behalf by the State Government, shall be permittedto remain absent from work for rest and recuperation for such period not exceeding four-teen days as may be recommended by a medical officer approved by the State Govern-ment, and during this period to ex-gratia payment of his average daily wages.

(3) If personal injury is caused by accident to a child accompanying any person, whohas been employed under the Scheme, or where temporary, partial or total disablement ordeath of such child results from such injury, the person shall be entitled, free of charge, tosuch medical treatment for the child as the State Government may, by general or specialorder, determine, and to ex-gratia payment of such amount as may be determined by theCollector or by an officer authorised by him in this behalf, which shall in no case exceedthe scale laid down in clause (xiv) of sub-section (2) of section 7 for personal injuries,etc., caused to the person concerned.

(4) The State Government may, on the merits of each case, sanction ex-gratia pay-ment to any person who has been employed under the Scheme of such amount, notexceeding 2[ the amount of ex-gratia payment determined by a general or special order,issued by the State Government under clause (xiv) of sub-section (2) of section 7,] as itdeems necessary to meet any other like hardships or contingencies not provided for inthis section, arising out of his employment on an Employment Guarantee Scheme work.Subject to such conditions as it may deem fit to impose by general or special order.]

1Section 7A was inserted by Mah. 47 of 1983, s. 2.2These words were substituted for the words “five thousand rupees” by Mah. 26 of 1993, s. 9.


Provisionforpermissionto be absentand ex-gratiapayment incases ofmaternityandsterilizationoperationsand ofaccidents toaccompany-ing children,etc.

J-1068–2

8. (1) Every adult person who—

(i) is residing in any rural area;

(ii) is willing to do any unskilled manual work;

may get his name and address registered with an authority or officer specified by the StateGovernment in this behalf (hereinafter referred to as “the registering authority”) who shallregister the name and address of such person, after making such enquiry as it deems fit.The registration shall be for such period, as may be laid down in the Scheme and may berenewed, from time to time. The registering authority, if satisfied that any person has gothimself registered by making a false declaration of his age, may, after giving reasonableopportunity to the person concerned of being heard, delete his name from the register.

(2) Every registered person shall be entitled to be provided with employment in accor-dance with the Scheme for the time being in force.

(3) It shall be the duty of the State Government to provide employment in accordancewith the provisions of the Scheme to every such registered person,if a letter asking forsuch employment and stating therein the period for which employment is required and theperiod for which such a person is willing to work continuously, which shall not be lessthan one month, is received from such person by the Samiti Officer or by the Gram Sevakor the Talathi, as may be specified by the State Government, within whose jurisdiction thevillage where the person resides is situated. Such person shall be provided with employ-ment as far as possible on any work within the area of the Panchayat Samiti where heresides, but in any case not outside the District.

(4) If within 15 days of the receipt of the letter for employment under the Scheme bythe Samiti Officer or by the Gram Sevak or the Talathi, as the case may be, the StateGovernment is unable to provide employment to such person under the Scheme, in themanner mentioned in sub-section (3), the person shall be entitled to receive from theEmployment Guarantee Fund an unemployment allowance at such rate as may be fixed bythe State Government from time to time, but not less than Re. 1 per day.

(5) The liability of the State Government to pay unemployment allowance under sub-section (4) shall commence after the expiry of 15 days from the receipt of the letter foremployment by the Samiti Officer or by the Gram Sevak or the Talathi, as the case may be,and shall cease immediately after the Samiti Officer, by a letter sent to the person on theaddress mentioned in the register directs him to report at any work taken up under theScheme.

(6) Notwithstanding anything contained in this Act, if the State Government is duringany period unable, owing to circumstances beyond human control like rains, or otherunusual natural calamities, to provide employment under sub-section (3) there shall beno liability on the State Government to pay the unemployment allowance under sub-section (4) during that period.

(7) When it is not expedient for the State Government to provide employment imme-diately on works sanctioned under the Scheme, notwithstanding anything to the contrarycontained in any other law for the time being in force, it shall be lawful for the Collector toissue directives to the Village Panchayats to take up such works as are prescribed,from the Village Employment Fund constituted under the * Bombay Village Panchayats

*The short title of this Act was amended as “the Maharashtra Village Panchayats Act” by Mah. 24of 2012, Sch., entry 74, w. e. f. 1-5-1960.

Conditionsapplicable

forguaranteed

employmentto adult

persons inrural areas.


Act, 1958, for such duration as he may direct. If a person from whom a letter has beenreceived under sub-section (3) is provided with employment on such works, he shall bedeemed to have been provided with employment under that sub-section.

(8) The unemployment allowance to be paid to an unemployed person undersub-section (4) shall be sanctioned and paid by an authority empowered by the StateGovernment in this behalf and for this purpose the State Government may prescribesuch procedure as it deems fit.

(9) No person shall be entitled to any unemployment allowance under sub-section (4), if he—

(i) does not accept employment provided to him under sub-section (3);

(ii) does not report for work within 7 days of being asked to do so;

(iii) continuously remains absent from work, without the permission of theimplementing officer, for a period of more than one week, or remains absent for a totalperiod of more than one week in any month.

(10) Any person, who is provided with employment under sub-section (3) anddoes not accept the same or who loses his entitlement to the unemployment allowanceunder sub-section (9) shall stand debarred from claiming unemployment allowance fora period of three months, but during this period of three months, shall not be debarredfrom getting employed on any works. Such defaults shall be reported by the SamitiOfficer to the concerned registering authority.

(11) Whenever any dispute arises between any person who sends a letter foremployment under sub-section (3) and the Samiti Officer, it shall be referred by theSamiti Officer to such Authority as the State Government may prescribe and the dicisionof such Authority shall be final. The aggrieved person may also refer the dispute directlyto the Authority. The State Government may prescribe the procedure to be followed bysuch Authority while deciding such disputes, as well as the functions and the powers ofthe Authority.

(12) Notwithstanding anything contained in the foregoing sub-sections, where thereis no able bodied adult member in a family, a minor member of such family, who hascompleted his age of fifteen years, shall also be entitled to register his name and addressunder sub-section (1) and shall be paid wages according to the quantum of his work;

Explanation.—For the purposes of this sub-section the expression ‘member in afamily’ means a husband, wife, father, mother, brother or sister residing together.

(13) The registering authority specified under sub-section (1) shall prepare andmaintain such register or registers and in such manner and issue such identity cards orpass-books as may be prescribed. The registering authority shall send such list or listsof the names and addresses of persons registered with it and supply such other informa-tion to the Samiti Officer at such times and in such forms as may be prescribed.

9. Any person—

(a) who has an employment but sends a letter asking for employment under sub-section (3) of section 8 and draws unemployment allowance under sub-section (4) ofthat section; or


Penalty fordrawingunemploy-mentallowancewhenemployedelsewhere.

Bom.III of1959.

(b) who is in receipt of unemployment allowance under sub-section (4) of section 8and accepts employment elsewhere but does not bring this fact to the notice of theSamiti Officer and continues to draw unemployment allowance under that sub-section,

shall, on conviction, be punished with simple imprisonment for a term which may extend toone month or with fine which may extend to five hundred rupees or with both.

10. (1) For every Panchayat Samiti area, the State Government shall appoint aPanchayat Samiti Level Officer, to be called the Samiti Officer, for the implementation ofthe Scheme in the Panchayat Samiti area concerned.

(2) The Samiti Officer shall, from time to time, obtain from the registering authority alist containing the names and addresses of persons registered with it.

(3) The works to be taken up under the Scheme shall be sanctioned by the StateGovernment or the Collector or by such other officer as the State Government may specifyfor this purpose, subject to such limits on the costs of works as the State Government may,by order, specify. The Samiti Officer shall, from time to time, obtain from the Collector a listof works sanctioned within the District.

(4) On receipt of a letter for employment under sub-section (3) of section 8, the SamitiOfficer shall decide to which sanctioned work in his Panchayat Samiti area the applicantmay be directed, and accordingly inform the applicant and also the officer in charge of theexecution of the work. If it is not possible for the Samiti Officer to direct the person to anywork in his Panchayat Samiti area, he may, in consultation with the Collector, direct him toa work outside the Panchayat Samiti area but within the District.

(5) The Collector and the other implementing agencies in the District shall be respon-sible for the funds placed at their disposal by the State Government. They shall maintainthe accounts of employment and expenditure in such manner as may be prescribed.

11. (1) Whenever any work taken up under the Scheme is completed and it is nolonger possible to provide unskilled manual employment on such work, it shall be the dutyof the implementing officer concerned to report this fact to the Collector as well as to theSamiti Officer concerned. It shall then be the duty of the Samiti Officer to direct thepersons employed on such works to any other work already taken up under the scheme orto a work to be started under the Scheme with the sanction of the Collector or of the StateGovernment, as the case may be.

(2) If within four days of the receipt of intimation of the completion of the work, theSamiti Officer is unable to direct the workers employed on such work to any other workunder the Scheme as mentioned in sub-section (1), the State Government shall from thefifth day onwards pay to the person concerned unemployment allowance as per sub-section (4) of section 8.

(3) If any person who under sub-section (2) has been asked by the Samiti Officer toreport at any other work under the Scheme fails to do so within 7 days of being directed bythe Samiti Officer to do so, he shall stand debarred from claiming unemployment allow-ance as if he has been disqualified unde sub-sections (9) and (10) of section 8.

(4) The State Government’s liability to pay unemployment allowance under sub-section (2) shall cease immediately after the Samiti Officer directs the person concernedto report at some other works, either existing or yet to be started, under the Scheme.


SamitiOfficers

and theirfunctions.

Provisionfor

employ-ment on

otherworks.

12. (1) On the date of commencement of this Act, a Fund to be called the Employ-ment Guarantee Fund shall be deemed to be established.

(2) Any amount standing to the credit of the Employment Guarantee Fund esta-blished under the Maharashtra State Tax on Professions, Trades, Callings and Employ-ments Act, 1975 read with the Maharashtra Tax Acts (Amendment) Act, 1975, shall standtransferred to, and form part of, the Fund deemed to be established under sub-section (1)with effect from the date of commencement of this Act.

(3) The following shall form part of, or be paid into, the fund, namely :—

1[(a) the amounts transferred to the Fund under section 30 of the MaharashtraState Tax on Professions, Trades, Callings and Employments Act, 1975;]

(b) any contributions or grants made by the State Government, the Central Gov-ernment or any local authority;

2[(b-1) any sum received from the Central Government under section 28 of theCentral Act;]

(c) any sums received from other bodies or individuals, whether incorporatedor not.

3[(3-A) The State Government shall allocate requisite funds for effective implementa-tion of the Scheme.]

(4) Any amount transferred or credited to the Fund shall be charged on the Consoli-dated Fund of the State.

(5) The amount standing to the credit of the Fund shall be expended in such mannerand subject to such conditions as may be prescribed for the purpose of implementing theScheme 4[including for meeting the administrative charges and for making ex-gratia pay-ments as provided under this Act.]

(6) Temporary diversions of funds for utilisation on other departmental schemes orplan schemes, which have for their objective, the generation of employment or thecreation of productive assets or both may be permitted by the State Government’s subjectto the Fund being reimbursed by such amount in the same or next financial year.

(7) The Fund shall be held and administered on behalf of the State Government by anofficer not below the rank of a Secretary to the State Government, subject to such generalor special directions as may be given by the State Government from time to time.

13. (1) The enactments specified in the second column of 5[Schedule I] are herebyamended in the manner and to the extent specified in the third column thereof.

(2) All references in any other law or in any instruments for the time being in force tothe Employment Guarantee Scheme or Fund of the State Government or in the State ofMaharashtra, shall be construed as references to the Scheme or the Fund, as the case maybe, under this Act.

1Clause (a) was inserted by Mah. 5 of 2008, s. 14 (a).2Clause (b-1) was inserted by Mah. 51 of 2006, s. 63Sub-section (3A) was inserted by Mah. 5 of 2008, s. 14 (b).4These words were added by Mah. 47 of 1983, s. 3.5This word and figure was substituted for the words “the Schedule” by Mah. 51 of 2006, s. 7.


Mah.XVI

of1975.

MahXVII

of1975.Mah.XVII

of1975.

Establish-ment ofEmploy-mentGuaranteeFund and itsuntilisationfor theScheme.

Amendmentof certainenactmentsand rule ofconstructionfor refer-ences toScheme andFund in otherlaws.

14. The State Government may, by notification in the Official Gazette, direct that thepowers exercisable by it, except the powers to make the Scheme and the rules,1* * * shall, in such circumstances and under such conditions, if any, as may bespecified in the notification, be exercisable also by such officer or officers subordinate toit as may be specified in the notification.

2[14A. Whoever contravenes the provisions of this Act, other than section 9, shall,on conviction, be punished with a fine which may extend to one thousand rupees.]

15. No suit, prosecution or other legal proceedings shall lie against the State Govern-ment or any authority or officer or body or person for anything which is in good faith doneor intended to be done in pursuance of this Act or the Scheme or the rules made there-under.

16. The provisions of this Act or the Scheme, rules, notifications or orders made orissued thereunder shall have effect notwithstanding anything inconsistent therewithcontained in any other law for the time being in force or in any instrument having effect byvirtue of such law.

3[16A. The State Government may, from time to time, by notification in the OfficialGazette, amend the Schedule II or Schedule III, by adding or modifying or deleting anyentry therein and thereupon, the said Schedule shall be deemed to have been amendedaccordingly.

16B. Notwithstanding anything contained in section 1 or any other provisions of thisAct, on and from the date of commencement of the Maharashtra Employment Guarantee(Amendment) Act, 2006, provisions of this Act shall apply to the areas specified inSchedule II, subject to the following modifications, namely :—

(I) In section 2,—

(A) after clause (a), the following clauses shall be inserted, namely :—

“(a-a1) “applicant” means the head of a household or any its other adult memberwho has applied for employment under the Scheme;

“(a-a2) “Block” means a community development area within a district comprisinga group of Gram Panchayats;”;

(B) after clause (a-2), the following clause shall be inserted, namely :—

“(a-3) “District Programme Co-ordinator” means an officer designated as suchunder sub-section (1) of section 6-1A for implementation of the Scheme in a district;”;

(C) in clause (d), for the words “any other local authority” the words “ PanchayatSamiti, Gram Panchayat or any other local authority or Non-Governmental Organisationauthorised by the State Government” shall he substituted;

1 The words, brackets and figures “and the scheme for educated unemployed referred to in sub-section (6) fo section 12, “ were deleted by Mah. 24 of 1980, s. 4.

2 Section 14A was inserted by Mah. 51 of 2006, s. 8.

3 Sections 16A and 16B were inserted by Mah. 51 of 2006, s. 9.

Delegationof powers.


Penalties.

Protectionof actiontaken in

good faith.

Act to haveoverriding

effect.

Power toamend

Schedules IIand III.

Applicationof the

provisionsof the Act in

areasspecified inSchedule II

withmodifica-

tions.

Mah.LI of2006.

(D) after clause (e) the following clause shall be inserted, namely :--

“(e-1a) “household” means the members of a family related to each other by blood,marriage or adoption and normally residing together and sharing meals or holding acommon ration card;”;

(E) after clause (g) the following clause shall be inserted, namely :—

“(g-1) “preferred work” means any work which is taken up for implementation on apriority basis under a Scheme;”;

(F) after clause (i), the following clauses shall be inserted, namely :—

“(i-a) “Programme Officer” means an officer appointed under section 10 for imple-menting the Scheme ;

(i-b) “Project” means any work taken up under a Scheme for the purpose of provid-ing employment to the applicants;”.

(II) In section 5, in sub-section (2), for the words “Samiti Officers” the words“Programme Officers” shall be substituted.

(III) For section 6, the following sections shall be substituted namely :—

“6. (1) The Zilla Parishad at the district level, the Panchayat Samiti at the Blocklevel and the Gram Panchayat at the village level shall be the principal authorities forplanning and implementation of the Schemes made under this Act.

(2) The functions of the Zilla Parishad shall be,—

(a) to finalise and approve blockwise shelf of projects to be taken up under aprogramme under the Scheme ;

(b) to supervise and monitor the projects taken up at the Block level and Districtlevel; and

(c) to carry out such other functions as may be assigned to it by the State Council,from time to time.

(3) The functions of the Panchayat Samiti shall be,—

(a) to approve the Block level plan for forwarding it to the Zilla Parishad for finalapproval;

(b) to supervise and monitor the projects taken up at the Gram Panchayat andBlock level ; and

(c) to carry out such other functions as may be assigned to it by the State Council,from time to time.

(4) The District Programme Co-ordinator shall assist the Zilla Parishad in discharg-ing its functions under this Act and any Scheme made thereunder.

6-1A. (1) The Collector of the district or any other district level officer of appropriaterank as the State Government may decide shall be designated as the District ProgrammeCo-ordinator for the implementation of the Scheme in the district.

(2) The District Programme Co-ordinator shall be responsible for the implementationof the Scheme in the district in accordance with the provisions of this Act and the rulesmade thereunder.


Principal

authorities

for plan-

ning and

implemen-

tation of

Schemes.

DsitrictProgammeCo-ordinator.

(3) The functions of the Districts Programme Co-ordinator shall be,—

(a) to assist the Zilla Parishad in discharging its functions under this Act and anyScheme made thereunder;

(b) to consolidate the plans prepared by the Bolcks and project proposals receivedfrom other implementing agencies for inclusion in the shelf of project to be approvedby the Zilla Parishad;

(c) to accord necessary sanction and administrative clearance, wherevernecessary;

(d) to co-ordinate with the Programme Officers functioning within his jurisdictionand the implementing agencies to ensure that the applicants are provided employmentas per their entitlements under this Act;

(e) to review, monitor and supervise the performance of the Programme Officers;

(f) to conduct periodic inspection of the works in progress; and

(g) to redress the grievances of the applicants.

(4) The State Government shall delegate such administrative and financial powers tothe District Programme Co-ordinator as may be required to enable him to carry out hisfunctions under this Act.

(5) The Programme Officer and all other officers of the State Government having fortheir jurisdiction an area not bigger than the district and local authorities and bodiesfunctioning within the district shall be responsible to assist the District Programme Co-Ordinator in carrying out his functions under this Act and the Schemes made thereunder.

(6) The District Programme Co-ordinator shall prepare in the month of Decemberevery year a labour budget for the next financial year containing the details of anticipateddemand for unskilled manual work in the district and the plan for engagement of labourersin the works covered under the Scheme and submit it to the Zilla Parishad.

6-1B. (1) The Gram Panchayat shall be responsible for identification of the projectsin its area to be taken up under a Scheme as per the recommendations of the Gram Sabhafor executing and supervising such works.

(2) A Gram Panchayat may take up any project under a Scheme within the area of theGram Panchayat as may be sanctioned by the Programme Officer.

(3) Every Gram Panchayat shall, after considering the recommendations of GramSabha, prepare a development plan and maintain a shelf of possible works to be taken upunder the Scheme as and when demand for work arises.

(4) The Gram Panchayat shall forward its proposals for the development projectsincluding the order of priority between different works to the Programme Officer for scru-tiny and preliminary approval prior to the commencement of the years in which it ispropsosed to be executed.

(5) The Programme Officer shall allot not less than fifty per cent. of the works in termsof its cost under a Scheme to be implemented through the Gram Panchayat.

(6) The Programme Officer shall supply each Gram Panchayat with,—(a) the muster rolls for the works sanctioned to be executed by it; and(b) a list of employment opportunities available elsewhere to the residents of the

Gram Panchayat.(7) The Gram Panchayat shall allocate employment opportunities among the

applicants and ask them to report for work.


Maharashtra Emploment Guarantee Act, 1977 11

Responsi-bilities of

GramPanchayat.

(8) The works taken up by a Gram Panchayat under a Scheme shall meet the requiredtechnical standards and measurements.

6-1C. (1) The Gram Sabha shall monitor the execution of works within the area of theGram Panchayat.

(2) The Gram Sabha shall conduct regular social audits of all the projects under theScheme taken up within the area of the Gram Panchayat.

(3) The Gram Panchayat shall make available all relevant documents including themuster rolls, bills, vouchers, measurement books, copies of sanction orders and otherconnected books of accounts and papers to the Gram Sabha for the purpose of condutingthe social audit.”.

(IV) In section 7,—

(1) in sub-section (2),—

(a) for clause (i), the following shall be substituted, namely :—

“(i) The focus of the Scheme shall be on the following works in their order ofpriority:—

(a) water conservation and water harvesting;

(b) drought proofing (including afforestation and tree plantation);

(c) irrigation canals including micro and minor irrigation works;

(d) provisions of irrigation facility to land owned by households belonging to theScheduled Castes and the Scheduled Tribes or to land of beneficiaries of land reformsor that of the beneficiaries under the Indira Awas Yojana of the Government of India;

(e) renovation of traditional water bodies including desilting of tanks;

(f) land development;

(g) flood control and protection works including drainage in water logged areas;

(h) rural connectivity to provide all-weather access; and

(i) any other work which may be notified by the State Government.”;

(b) after clause (vii), the following clause shall be inserted, namely :—

“(vii-a) Under no circumstances shall the labourers be paid less than wage rate.”;

(c) in clause (viii), for the words “Samiti Officer” the words “ Programme Officer” shallbe substituted;

(d) after clause (viii), the following clause shall be inserted nemely :—

“(viii-a) As far as practicable, a task funded under the Scheme shall be performedby using manual labour and not by machines.”;

(f) after clause (x), the following clause shall be inserted, namely :—

“ (x-a) The Scheme shall be subject to appropriate arrangements as may be laiddown by the State Government under the rules issued by it for the proper maintenanceof the public assets created under the Scheme.”;

(g) after clause (xi), the following clause shall be inserted, namely :—

“(xi-a) The cost of material component of projects including the wages of theskilled and semi-skilled workers taken up under the Scheme shall not exceed forty percent. of the total project costs.”;

(h) after clause (xiii ) the following clauses shall be inserted, namely :—

“(xiii-a) Every Scheme shall contain adequate provisions for ensuring transpar-ency and accountability at all levels of implementation.

Social auditof work byGramSabha.


J-1068–3

(xiii-b) The District Programme Co-ordinator, the Programme Officer and the GramPanchayat implementing the Scheme shall prepare annually a report containing thefacts and figures and achievements relating to the implementation of the Scheme withinhis or its jurisdiction and a copy of the same shall be made available to the public ondemand and on payment of such fee as may be specified in the Scheme.

(xiii-c) All accounts and records relating to the Scheme shall be made available forpublic scrutiny and any person desirous of obtaining a copy of relevant extracts there-from may be provided such copies or extracts on demand and after paying such fee asmay be specified in the Scheme.

(xiii-d) A copy of the muster rolls of each Scheme or project under a Scheme shallbe made available in the offices of the Gram Panchayat and the Programme Officer forinspection by any person interested after paying such fee as may be specified in theScheme.”;

(2) in sub-section (3), the words “or the Talathi, as the State Government may specify”shall be deleted.

(V) in section 8,—

(1) for sub-section (1), (2) and (3) the following sub-sections shall be substituted,namely :—

“(1) (a) The adult members of every household who—

(i) reside in any rural areas; and

(ii) are willing to do unskilled manual work,

may submit their names, age and the address of the household to the Gram Panchayatat the village level, in the jurisdiction of which they reside for registration of their house-hold for issuance of a job card.

(b) It shall be the duty of the Gram Panchayat to register the household, after makingsuch enquiry as it deems fit and issue a job card containing such details of adult membersof the household affixing their photographs, as may be specified by the State Governmentin the Scheme.

(c) The registration made under this sub-section shall be for such period as may belaid down in the Scheme, but in any case not less than five years, and may be renewedfrom time to time.

(d) If the Gram Panchayat is satisfied at any time that a person has registered with itby furnishing false information it may direct the Programme Officer to direct his name to bestruck off from the register and direct the applicant to return the job card.

Provided that, no such action under this paragraph shall be directed unless theapplicant has been given an opportunity of being heard in the presence of two indepen-dent persons.

(2) (a) Every adult member of a registered household whose name appears in the jobcard shall be entitiled to apply for unskilled manual work under the Scheme.

(b) All registered persons belonging to a household shall be entitled to employmentin accordance with the Scheme made under the provisions of this Act, for as many days aseach applicant may request.


(3)(a) The Programme Officer shall ensure that every applicant referred to in sub-section (2) shall be provided unskilled manual work in accordance with the provisions ofthe Scheme within fifteen days of receipt of an application or from the date he seeks workin case of advance application, whichever is later :

Provided that, priority shall be given to women in such a way that at least one-third ofthe beneficiaries shall be women who have registered and requested for work under thisAct.

(b) Application for work must be for at least fourteen days of continuous work.

(c) Application for work may be submitted in writing to the Gram Panchayat or to theProgramme Officer, as may be specified in the Scheme.

(d) As far as possible, employment shall be provided within a radius of five kilometersof the village where the applicant resides at the time of appliying.”;


(i) for the words “the Samiti Officer or by the Gram Sevak or the Talathi” the words“ the Programme Officer, or by the Gram Panchayat” shall be substituted;

(ii) for the words “at such rate as may be fixed by the State Government, from timeto time, but not less than Re. 1 per day” the words “at such rate as may be specified bythe State Government, by notification, in consultation with the State Council” shall besubstituted;


(i) for the words “ the Samiti Officer or by the Gram Sevak or the Talathi, as thecase may be,” the words “ the Programme Officer” shall be substitued;

(ii) for the words “Samiti Officer” the words “Programme Officer” shall besubstituted;

(6) in sub-sections (10) and (11), for the words “Samiti Officer”, wherever they occur,the words “Programme Officer” shall be substituted;


(i) for the words “identity cards” the words “job cards” shall be substituted.

(ii) for the words “Samiti Officer” the words “Programme Officer” shall besubstituted;

(8) after sub-section (13), the following sub-section shall be added, namely :—

“(14) The persons employed under any Scheme made under this Act shall be entitledto such additional facilities not less than the minimum facilities mentioned in the scheduleIII. ”.

(VI) In section 9, for the words “Samiti Officer” the words “Programme Officer” shallbe substituted.

(VII) For section 10, the following section shall be substituted, namely :—


“10. (1) At every Panchayat Samiti level, the State Government shall appoint anOffcer who is not below the rank of Block Development Officer, possessing such qualifi-cations and experience as may be determined by it as a Programme officer.

(2) The Programme Officer shall assist the Panchayat Samiti in discharging its func-tions under this Act and any Scheme made thereunder.

(3) The Programme Officer shall be responsible for matching the demand for employ-ment with the employment opportunities arising from projects in the area under hisjurisdiction.

(4) The Programme Officer shall prepare a plan for the Block under his jurisdiction byconsolidating the project proposals prepared by the Gram Panchayats and the proposalsreceived from Panchayat Samiti.

(5) The functions of the Programme Officer shall include—

(a) monitoring of projects taken up by the Gram Panchayats and other implement-ing agencies within the Block ;

(b) sanctioning and ensuring payment of unemployment allowance to theeligible households ;

(c) ensuring prompt and fair payment of wages to all labourers employed under aprogramme of the Scheme within the Block ;

(d) ensuring that regular social audits of all works within the jurisdiction of theGram Panchayat are carried out by the Gram Sabha and that prompt action is takenon the objections raised in the social audit ;

(e) dealing promptly with all complaints that may arise in connection with theimplementation of the Scheme within the Block; and

(f) any other work as may be assigned to him by the District Programme Co-ordinatoror the State Government.

(6) The Programme Officer shall function under the direction, control and superinten-dence of the District Programme Co-ordinator.

(7) The State Government may, by order, direct that all or any of the functions of aProgramme Officer shall be discharged by the Gram Panchayat.”

(VIII) In section 11, for the words “Samiti Officer” , wherever they occur, the words“Programme Officer” shall be substituted.

(IX) After section 12, the following sections shall be inserted, namely :—

“12A The State Government shall make available to the District ProgrammeCo-ordinator and the Programme Officer the necessary staff and technical suppport asmay be necessary for the effecitve implementation of the Scheme.

12B. The State Government shall by rules, determine appropriate grievanceredressal machanisms at the Block level and the district level for dealing with anycomplaint by any person in respect of implementation of the Scheme and lay down theprocedure for disposal of such complaints.


Responsibilityof State

Governmentto implement

Scheme.

Grievancesredressal

mechanism.

Progamme

Officer.

12C. (1) The District Programme Co-ordinator and all implementing agencies inthe district shall be responsible for the proper utilization and management of the fundsplace at their disposal for the purpose of implementing a Scheme.

(2) The State Government may prescribe the manner of maintaining proper booksand accounts of employment of labourers and the expenditure incurred in connectionwith the implementation of the provisions of this Act and the Schemes madethereunder.

(3) The State Government may, by rules, determine the arrangements to be madefor the proper execution of Schemes and programmes under the Schemes and to ensuretransparency and accountability at all levels in the implementation of the Schemes.

(4) All payments of wages in cash and unemployent allowances shall be madedirectly to the person concerned and in the presence of independent persons of thecommunity on pre-announced dates.

(5) If any dispute or complaint arises concerning the implementation of a Schemeby the Gram Panchayat, the matter shall be referred to the Programme Officer.

(6) The Programme Officer shall enter every complaint in a complaint register main-tained by him and shall dispose of the disputes and complaints within seven days of itsreceipt and in case it relates to a matter to be resolved by any other authority, it shall beforwarded to such authority under intimation to the complainant.

12D. (1) The State Government may, in consultation with the Comptroller andAuditor General of India, prescribe appropriate arrangements for audits of theaccounts of the Schemes at all levels.

(2) The accounts of the Scheme shall be maintained in such form and in suchmanner as may be prescribed by the State Government.]

17. (1) The power to make rules under this Act shall be exercisable by the StateGovernment by notification in the Official Gazette.

(2) Without prejudice to any power to make rules contained elsewhere in this Act, theState Government may make rules consistent with this Act to carry out the purposes ofthis Act.

(3) All rules made under this Act shall be subject to the condition of previouspublication.

(4) Every rule made under this Act shall be laid, as soon as may be after it is made,before each House of the State Legislature, while it is in session for a total period of thirtydays, which may be comprised in one session or in two or more successive sessions, andif before the expiry of the session immediately following the session or the successivesessions aforesaid, both Houses agree in making any modification in the rule or bothHouses agree that the rule should not be made, and notify such decision in the OfficialGazette, the rule shall from the date of publication of such notification have effect only insuch modified form or be of no effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to the validity of anythingpreviously done under that rule.


Audit of

accounts.

Power to

make

rules.

transpar-ency andaccount-ability.

1[SEHEDULE- I]

(See Section 13)

Serial Short title and number of Amendments

No. enactment

(1) (2) (3)

1 The Bombay Sales Tax In section 15A-I, for the words “in the State of

Act, 1959 (Bom. LI of 1959). Maharashtra,” the words and figures “under the Maharashtra EmploymentGuarantee Act, 1977”, shall be substituted.

2 The Maharashtra Education and In section 6A, for the words “in the State

Employment Guarantee (Cess) Act, of Maharashtra,” the words and figures

1962 (Mah. XXVII of 1962). “under the Maharashtra EmploymentGuarantee Act, 1977,” shall be substituted.

3 The Maharashtra Increase of LandIn section 3, for the words “in the State of

Revenue and Special Assessment Maharashtra,” the words and figuresAct, 1974 (Mah. XX of 1974). “under the Maharashtra Employment

Guarantee Act, 1977,” shall be substituted.

4 The Maharashtra State Tax on In section 30,—

Professions, Trades, Callings and(a) in sub-section (1),—

Employments Act, 1975 (Mah. (i) the words “On the commencement of

XVI of 1975). this Act, there shall be established a Fundto be called Employment Guarantee Fund,”shall be deleted.

(ii) for the words “transferred to, thatFund.” the words and figures “transferredto, the Employment Guarantee Fundestablished under the MaharashtraEmployment Guarantee Act, 1977.” shallbe substituted;

(b) in sub-section (2), for the words,brackets and figures “the Fund anamount equal to the amount transferredto the Fund under sub-section (1).” thefollowing shall be substituted, namely :—

“the Employment Guarantee Fund anamount equal to the amount transferredto that Fund under sub-section (1).”;

1This heading was substituted for the heading “The SCHEDULE” by Mah. 51 of 2006, s. 10.


M a h .XX of1978.

M a h .XX of1978.

M a h .XX of1978.

M a h .XX of1978.

SEHEDULE-contd.

(See section 13)

Serial Short title and number of Amendments

No. enactment

(1) (2) (3)

(c) sub-sections (3), (4), (5) and (6) shallbe deleted;

(d) for the marginal note, the followingmarginal note shall be substituted,namely :—“Amount equal to net proceeds of taxand matching contribution to be paidinto the Fund established under theMaharashtra Employment GuaranteeAct, 1977”.

5 The Maharashtra Tax Acts In section 4,—(Amendment) Act, 1975 (a) in sub-section (1), for the words and (Mah. XVII of 1975). figures “under section 30 of the

Maharashtra State Tax on Professions,Trades, Callings and Employments Act,1975.” the words and figures “under theMaharashtra Employment GuaranteeAct, 1977.” shall be substituted;

(b) sub-sections(3)and(4)shallbedeleted.1SEHEDULE-II

[See sections 16A and 16 B]

Serial No. Area

1 Dhule Revenue District.

2 Nandurbar Revenue District.

3 Ahmednagar Revenue District.

4 Aurangabad Revenue District.

5 Nanded Revenue District.

6 Hingoli Revenue District.

7 Yavatmal Revenue District.

8 Amravati Revenue District.

9 Bhandara Revenue District.

1These Schedules were added by Mah. 51 of 2006, s. 11.


Mah XX of

1978.

Mah XX of

1978.

SEHEDULE-II-Contd.

Serial Areas

10 Chandrapur Revenue District.

11 Gondia Revenue District.12 Gadchiroli Revenue District.

1[13 Thane Revenue District.14 Wardha Revenue District.15 Buldhana Revenue District.16 Osmanabad Revenue Distirct.17 Akola Revenue District.18 Washim Revenue District.19 Sindhudurg Revenue District.20 Ratnagiri Revenue District.21 Satara Revenue District.22 Beed Revenue District.23 Jalna Revenue District.24 Latur Revenue District.25 Raigad Revenue District.26 Sangali Revenue District.27 Jalgaon Revenue District.28 Kolhapur Revenue District.29 Parbhani Revenue District.30 Solapur Revenue District.31 Nashik Revenue District.32 Pune Revenue District.

33 Nagpur Revenue District.]

SEHEDULE-III

[See sections 16A and 16 B (V) (8)]

CONDITIONS FOR GUARANTEED RURAL EMPLOYMENT UNDER A SCHEMEAND MINIMUM ENTITLEMENTS OF LABOURERS.

(1) Subject to the aggregate entitlement of the household, there shall be no limit onthe number of days of employment for which a person may apply, or on the number ofdays of employment actually provided to him.

(2) The Gram Panchayat or Programme Officer, as the case may be, shall be bound toaccept valid applications and to issue a dated receipt to the applicant.

(3) Applicants who are provided with work shall be so intimated in writing, by meansof a letter sent to them at the address given in the job card and the public notice displayedat the office of the Gram Panchayat.


2These entries were added by G. N., Planning Department, No. MREGS. 2007/C. R. 100/EGS-10, dated

the 28th March 2008.

(4) A new work under the Scheme shall be commenced only if—

(a) at least fifty labourers become available for such work; and

(b) the labourers cannot be absorbed in the on going works :

Provided that, this condition shall not be applicable for new works, as determined bythe state Government, in hilly areas and in respect of afforestation.

(5) In case the employment is provided outside the radius of five kilometers, it mustbe provided within the Block, and the labourers shall be paid ten per cent. of the wage rateas extra wages to meet additional transportation and living expenses.

(6) In all cases where unemployment allowance is paid, or due to be paid, the ProgrammeOfficer shall inform the District Programme Co-ordinator in writing the reasons why it wasnot possible for him to provide employment or cause to provide employment to theapplicants.

(7) The District Programme Co-ordinator shall, in his Annual Report to the StateCouncil, explain as to why employment could not be provided in cases where payment ofunemployment allowance is involved.

(8) Provision shall be made in the Scheme for advance applications, that is, applica-tions which may be submitted in advance of the date from which employment is sought.

(9) Provision shall be made in the Scheme for submission of multiple applications bythe same person provided that the corresponding periods for which employment is soughtdo not overlap.

(10) The Gram Panchayat shall send the list of nemes and addresses of the personsregistered with it and supply such other information to the concerned Programme Officerat such period and in such form as may be specified in the Scheme.

(11) A list of persons who are provided with the work shall be displayed on the noticeboard of the Gram Panchayat and at the office of the Programme Officer and at suchother places as the Programme Officer may deem necessary and the list shall be open forinspection by the State Government and any person interested.

(12) The facility of safe drinking water, shed for children and period of rest, first-aidbox with adequate material for emergency treatment for minor injuries and other healthhazards connected with the work being performed shall be provided at the works site.

(13) In case the payment of wages is not made within the period specified under theScheme, the labourers shall be entitled to receive payment of compensation as per theprovisions of the Payment of Wages Act, 1936.

(14) The wages under a Scheme may be paid either wholly in cash or in cash and kindprovided that at least one fourth of the wages shall be paid in cash only.

(15) The State Government may prescribe that a portion of the wages in cash may bepaid to the labourers on a daily basis during the period of employment.

(16) In case of every employment under the Scheme, there shall be no discriminationsolely on the ground of gender and the Provisions of the Equal Remuneration Act, 1976,shall be complied with.]


25 of1976.

4 of1936.

J-1068–4

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MAHARASHTRA ACT No. XX OF 1978